Non Raceday Inquiry – HRNZ v JI Coppins 3 February 2011 – Decision dated 16 February 2011

hearingid: 2a20e8780120e13031e03b4f3305ddf1

informantnumber: 68918

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decisiondate: 09/02/2011

hearing_title: Non Raceday Inquiry - HRNZ v JI Coppins 3 February 2011 - Decision dated 16 February 2011

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

CHARGE: On the ninth day of January 2011, at Parawai Racecourse (Thames), Jill Iona Coppins was the trainer and person for the time being in charge of the horse ROYAL TIGER which was presented to race in The Interislander Summer Festival Mobile Pace (Race 12), at a race meeting conducted by the Thames Harness Racing Club Incorporated, when a pre-race blood sample taken from ROYAL TIGER was found upon analysis to have a TCO2 level of 37.3 mmol/L

Plea: Admitted

Judicial Committee: Jeff Holloway, Chairman – Bryan Scott, Committee Member

Also Present: Mr Rob Lawson – Lay Advocate for Mrs. Coppins

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DECISION OF JUDICIAL COMMITTEE
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[1] Mrs. Coppins appears before this Judicial Committee on a charge of presenting a horse to race with a prohibited substance in its system in breach of Rule 1004(1A), (2) and (4).

[2] The relevant provisions of that rule are
(1A) A horse shall be presented for a race with a total carbon dioxide level at or below the level of 35.0 millimoles per litre in plasma.

(2) Where a horse is taken, or is to be taken, to a racecourse for the purpose of engaging in a race otherwise than in accordance with sub-rule (1) the
trainer of the horse commits a breach of these Rules.

(4) A breach of these rules under sub-rule (2) … is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.

[3] The penalties for a breach of these rules are set out in Rule 1004 which provides
in subs (7) and (8):

(7) Every person who commits a breach of sub-rule (2) … shall be liable to:

(a) a fine not exceeding $10,000 and /or

(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.

(8) Any horse connected with a breach of sub-rule (1) [or] (2) or (3) shall be disqualified from any race entered and/or liable to a period of disqualification not exceeding five years.

[4] Prohibited Substance is defined in Rule 105(1) and sets out in part

(2) The following substances when present at less than or equal to the concentrations set out below are exempt from the provisions of paragraph 1(a) and 1(b) hereof.

(a) Alkalinising agents, when evidenced by total carbon dioxide (TCO2) at a concentration of 35 millimoles per litre in plasma.

[5] Mrs. Coppins has admitted the charge and accordingly we find it proven.

[6] Mr Carmichael presented and read a summary of facts which is summarised as follows
(1) On the first of April 2001 The Harness Racing Executive set a maximum permissible TCO2 level of 36.2 mmol/L (this level includes a 1.2 mmol/L analytical error factor

(2) Mrs. Coppins is a licenced public trainer and on the 9th January 2011 the horse Royal Tiger trained by her was correctly entered and started in race 12 at a race meeting conducted by the Thames Harness Racing Club at the Parawai Racecourse, Thames.

(3) Royal Tiger was selected to be sampled for TCO2. This was completed packaged and delivered to the Racing Laboratory in Avondale in accordance with standard procedures.

(4) Subsequent analysis detected a TCO2 level of 37.3 mmol/L which exceeded the maximum permissible level by 1.1 mmol/L (when the 1.2 mmol/L analytical error factor is taken into account).

(5) Mrs Coppins when interviewed denied any intentional or accidental administration of any product that she knew would cause an elevated TCO2 level. She indicated that her horses were regularly drenched but never on raceday.

SUBMISSIONS ON PENALTY

(1) Mr Carmichael told the hearing that since April 2001 more than 21000 standardbred horses had been tested in New Zealand. Eighteen prosecutions for elevated TCO2 levels had eventuated.

(2) There has been a significant increase in the number of recent prosecutions and a clear message needed to be signalled to the industry that more substantial penalties would be ordered. The current level of fines were no longer appropriate and were not acting as a deterrent to the administration of substances that may elevate TCO2 levels

(3) In this case Mr Carmichael submitted that although there was no evidence of a deliberate administration of an alkali, the level was such that it was unlikely to have been caused by the residual effect of a drench that contained sodium bicarbonate.

(4) He submitted that a starting point of $1000 was appropriate. The JCA guideline showed a starting point of $750 but this was currently under review.

(5) Rule 1004(8) provides the mandatory requirement for the disqualification of any horse in breach of this rule and he therefore sought the disqualification of ROYAL TIGER.

(6) HRNZ made no application for costs

Mr Lawson responded on behalf of Mrs Coppins

(1) In general comment he reiterated that the breach admitted was one of strict liability and that the rule had been well tested in the Harness Racing Industry. There was no dispute that Royal Tiger had been saline drenched the day prior to racing and this was very common practice which generally did not produce elevated TCO2 readings.

(2) Due to travel arrangements Royal Tiger arrived at the Parawai race course at about 10.30 am. He was held in an uncovered yard in hot humid conditions for 71/2 hours. Such conditions he contended may have led to elevated TCO2 levels through dehydration. He submitted that Royal Tiger had a history of higher than average TCO2 levels over several tests and that this could indicate a problem with the horse.

(3) Mrs Coppins had pleaded guilty to this breach at the first available opportunity and had been cooperative and honest in her dealings with Mr Carmichael. This was her first serious racing breach and her record was exemplary.

(3) Mr Lawson submitted that the JCA guidelines indicated a starting point of $750 which was appropriate and that a fine of not more that $800 was applicable with the rider that this case may signal more severe penalties in the future.

(4) He referred the committee to recent previous breaches of this rule namely HRNZ V M (May 2010) and HRNZ V J (December 2010) and submitted this breach was very similar to that of M in which the charge had resulted from a reading of 1 mmol/L less than Mrs Coppins. That race had Group 1 status and that hearing had been entitled to refer to the provisions of rule 1114(2) enabling JCA committees to take the status of the race into account when determining penalty.
M had been fined $800. This was a $6000 country race.

(5) He concurred that the horse Royal Tiger should be disqualified and that there would be costs involved for the Judicial Control Authority.

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PENALTY DECISION

In arriving at penalty the Committee took into account the submissions of both parties.

There was no evidence to support the contention that there had been a deliberate administration of any material likely to lead to the excessive TCO2 levels. Nor was there any suggestion of any negligence on the part of Mrs Coppins.

The Committee agreed that the current starting point of $750 can not properly reflect the emphasis on a deterrent penalty for this rule and that a clear signal be given that further breaches will likely receive harsher penalties in the future. The current review of penalty guidelines is timely.

This committee agrees that a fine of $1000 is an appropriate starting point for this matter. Mrs Coppins exemplary record, her cooperation with the investigation and subsequent inquiry are matters we have taken into account.

However there has clearly been a breach which impugns the integrity of the industry and the penalty should reflect this.

Accordingly Mrs Coppins is fined $850.00 with payment of costs associated with Judicial Control Authority expenses of $350.00.

An order for the disqualification of ROYAL TIGER is made in accordance with rule 1004(8)

Jeff Holloway     Bryan Scott
Judicial Committee
16 February 2011

hearing_type: Non-race day

Rules: 1004(1A),(2) and (4), penalty rule 1004(7) and (8)

Informant: Thomas Rodney Carmichael - Chief Racecourse Inspector

JockeysandTrainer:

Otherperson:

PersonPresent: Mr Rob Lawson - Lay Advocate for Mrs Coppins

Respondent: Jill I Coppins

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